Doña Ana County's new DA, 3 state judges face quick transition

LAS CRUCES — Yes, replacing three state district judge is rare, but juggling change is nothing new for Doug Driggers.

Driggers went into his first day as chief judge of the 3rd Judicial District in Las Cruces with two vacancies after a pair of longtime judges, Jerald Valentine and Stephen Bridgforth, retired late in 2010.

By February 2011, Gov. Susana Martinez had named their replacements. But the upheaval had only begun. In May, the state Supreme Court suspended then-judge Mike Murphy due to bribery charges — the ensuing investigation resulted in the temporary unavailability of another district judge, Jim Martin, because his name appeared on a related police report. Martin wasn't charged.

"It sounds like a lot because it's three judges," Driggers said Wednesday afternoon, noting it was the first time in his nine-year tenure as judge that three new faces will take the bench at one time. "But, in reality, it isn't, because we're full-up till December 30. ... (The newly elected judges) will be able to hit the ground running."

The Election Day victories by challengers in four prominent roles — three district judges and district attorney — represent a significant shift in the legal community.

Before being elected governor in 2010, Martinez had served as 3rd Judicial District Attorney since 1996. She then hand-picked outgoing District Attorney Amy Orlando as her successor.

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Martinez also appointed all three departing judges — Nelson Goodin, Jacinto Palomino and Susan Riedel.

How that shift affects local cases won't be known until those cases unfold.

Settling in

There are some ways, however, in which such changes could create waves in the immediate future.

Driggers said he anticipates small, mandatory delays in the transition, but said there should "be little if any disruption." When are assigned new judges, the parties have 10 days to consider recusal.

But that's only a minor obstacle, Driggers said, compared to what can happen when judges are replaced by other means. For example, when attorneys are appointed to judgeships, they need time to wind down their private practices.

The elected judges, on the other hand, are expected to have everything in order at their practices by the time they take the gavel, which is planned on the first week of January, Driggers said.

Another potential issue is the divisions occupied by departing judges. All eight judges are of the general jurisdiction variety, but Driggers said they specialize in types of cases to expedite the legal process.

The departing judges primarily handle: 1) criminal 2) adult criminal/juvenile and 3) domestic relations. Driggers said placing new judges — each with their own experience and skills — into those existing holes won't be a "serious problem."

"We expect judges to know the law and apply facts to the law and make decisions based on precedent, statutes and case law," Driggers said.

"We are colleagues'

Newly elected district judge Mary Rosner has practiced law in Las Cruces since 1992, much of that in family cases. When asked about dealing with an area in which she may have less experience and familiarity, Rosner didn't hesitate.

"I'm going to use my secret weapon," she said. "I can read."

Rosner is confident because of her broad experience, and part of that is in appeals court and First Amendment cases.

Rosner added that she and the other new judges, Marci Beyer and Darren Murray Kugler, will benefit from their previous professional relationships.

"We are colleagues," she said. "We trust each other. We are friends... we are at the beginning, starting our work as judges in an atmosphere of collegiality and trust."

Driggers added that many in the legal community, especially attorneys, know each other well, but only in certain roles. The new judges are known to their peers as attorneys.

"You just don't know how that person thinks as a judge," Driggers said. "In that sense, till they get used to these folks as judges, there might be heightened anxiety (among attorneys) ... They might be more on their toes."

Those changes, wrought by voters, could lead to more personnel moves, as the attorney's working for Orlando could be replaced by district attorney-elect Mark D'Antonio.

DA offers encouragement

Orlando and D'Antonio waged a heated, sometimes nasty battle. Orlando said she thought it might be a tough fight to win considering the county is mostly Democratic and she is a Republican.

Despite the barbs of the campaign, Orlando said she called D'Antonio to "encourage him to meet with my staff and consider them, independently of what his thoughts are about me."

D'Antonio did not respond to interview requests for this story.

Orlando said she hasn't thought much about what her next step will be, because she has been concerned more about the attorneys she supervises.

James Staley may be reached at 575-541-5476. Follow him on Twitter @auguststaley